Trial Magazine

Sparkle & Shine Cleaning Service sent its employee to clean the home of James Dastra, 61. When cleaning Dastra’s gas grill, the employee turned on one of its burners but failed to turn it off before leaving the home. The next morning, Dastra pressed the grill’s ignition button, and a massive explosion occurred. He suffered second- and third-degree burns to his legs and right arm, requiring two skin graft surgeries. Dastra, whose legs are permanently scarred, incurred medical bills totaling more than $97,700.

Dastra sued Sparkle & Shine, alleging its employee had negligently failed to turn off the burner. Suit did not claim lost income.

The defendant denied that the employee failed to turn off the burner but asserted that even if true, Dastra should have noticed the smell of propane and the position of the burner knob before pressing the ignition button.

The parties settled for $2 million.

Citation: Dastra v. Sparkle & Shine Cleaning Serv. of SWFL, LLC, No. 2019-CA-002025 (Fla. Cir. Ct. Lee Cty. Jan. 7, 2021).

Plaintiff counsel: AAJ members Thomas B. Scolaro and Justin B. Shapiro, both of Miami.

Plaintiff expert: John Lentini, fire analysis, Islamorada, Fla.